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HomeMy WebLinkAboutAdjustment - 1998-10-27COA\1998-10-27 COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER MINUTES OF THE REGULAR MEETING HELD OCTOBER 27, 1998 MEMBERS PRESENT: Ms. S. Campbell and Messrs. W. Dahms and P. Kruse. OFFICIALS PRESENT: Ms. J. Given, Senior Planner and Ms. D. H. Gilchrist, Secretary-Treasurer. Mr. W. Dahms, Chair, called the meeting to order at 10:15 a.m. MINUTES Moved by Mr. W. Dahms Seconded by Mr. P. Kruse That the minutes of the regular meeting of the Committee of Adjustment of October 6, 1998, as mailed to the members, be accepted. Carried MINOR VARIANCE APPLICATIONS 1. Submission No. A 88/98 - Wayne Shouldice, 263 Lorraine Avenue, Kitchener, Ontario Lot 106, Registered Plan 1403, 263 Lorraine Avenue, Kitchener, Ontario. Rez APPEARANCES: IN SUPPORT: Mr. W. Shouldice 263 Lorraine Avenue Kitchener, Ontario CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting permission to enclose an existing deck having a rearyard of 6.6 m (21.66 ft.) rather than the required 7.5 m (24.61 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject lands are located at 263 Lorraine Avenue, on the northeast corner of Lorraine Avenue and Lackner Boulevard. The property is approximately 0.18 acres in size and is zoned Low Rise Residential (R-3) according to Zoning By- Law 85-1. A single family dwelling currently exists on the property. The applicant would like to enclose the existing deck located to the rear of their house. Building staff advised the applicant to obtain a building permit for the deck enclosure. After applying for a permit to COMMITTEE OF ADJUSTMENT 339 enclose the existing deck, the rear yard setback deficiencies were recognized. The applicant is requesting permission to enclose the existing deck having a rear yard of 6.6m (21.66 ft.) rather than the required 7.5 m (24.61 ft.) setback. As the existing deck encroaches the rear yard setback by 0.9 m (2.9 ft.), it can be considered minor in nature, and will not affect neighbouring properties. Although the rear yard setback will be reduced by 0.9 m, the remaining setback area will provide sufficient space for maintenance of both the deck enclosure and use of the yard. The enclosure would be an appropriate 1. Submission No. A 88/98 - Wayne Shouldice, cont'd and desirable use of the property and will maintain the general intent and purpose of the City's Zoning By-law and Municipal Plan. As well, the deck enclosure would not appear to impede the enjoyment of the neighbouring properties. Accordingly, staff recommend approval of Minor Variance Application A 88~98 without conditions. The Committee noted the comments of the Transportation Division, Region of Waterloo, in which they advised that they have no concerns with this application. The Committee noted the comments of the Director of Building in which he advised that a building permit is required to enclose and/or cover the existing deck. Moved by Mr. P. Kruse Seconded by Mr. S. Campbell That the application of Wayne Shouldice requesting permission to enclose an existing deck having a rearyard of 6.6 m (21.66 ft.) rather than the required 7.5 m (24.61 ft.) on Lot 106, Registered Plan 1403, 263 Lorraine Avenue, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variances requested in this application are minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No.'s A 89/98, A 90/98, A 91/98, A 92/98, A 93/98, A 94/98 & A 95/98 - Activa Holdin.qs Inc., 735 Brid.qe Street West, Waterloo, Ontario Part Block 14, Registered Plan 58M-15, Being Part 1, Reference Plan 58R-10623, 81 Activa Avenue, Kitchener, Ontario. - and - Re: Part Block 4, Registered Plan 58M-15 being Part 68, Reference Plan 58R-10623, 70 Activa Avenue, Kitchener, Ontario. - and - Re: Part Block 17, Registered Plan 58M-15, Being Part 38, Reference Plan 58R-10623, 5 Activa Avenue, Kitchener, Ontario. - and - Re: Part Block 4, Registered Plan 58M-19, Being Part 38 Reference Plan 58R-10906, 31 Hackberry Street, Kitchener, Ontario. COMMITTEE OF ADJUSTMENT 340 Re: Re: - and - Part Block 17, Registered Plan 58M-15, Being Part 39, Reference Plan 58R-10623, 175 Grey Fox Drive, Kitchener, Ontario. Part Block 8, Registered Plan 58M-18, Clover Crescent, Kitchener, Ontario. - and - Being Part 47, Reference Plan 58R-10622, 54 Bush - and - Submission No.'s A 89~98, A 90~98, A 91/98, A 92~98, A 93~98, A 94~98 & A 95~98 - Activa Holdin.qs Inc., cont'd Re: Part Block 9, Registered Plan 58M-18, Being Part 48, Reference Plan 58R-10622, 36 Bush Clover Crescent, Kitchener, Ontario. As no one appeared in support of these applications, the Committee agreed to defer consideration of these applications to the meeting to be held on November 17, 1998. Submission No. A 96/98 - Golden Windows Limited, 888 Guelph Street, Kitchener, Ontario Re: Lot 6 and Part Lots 4 & 5, Subdivision of Lot 58, German Company Tract and Lots 1-6, Registered Plan 174, 888 Guelph Street, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. G. Ludwig 97 Frederick Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of an existing industrial building having a setback from Maple Street of 0.13 m (0.4 ft.) rather than the required 6 m (19.69 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicant requests legalization of an existing industrial building having a setback from Maple Street of 0.13 metres (0.4 feet) rather than the required 6 metres (19.69 feet). The subject property was the consideration of a previous minor variance application A 9~83 by the Committee of Adjustment on January 25, 1983. That application was for a minor variance to erect a small electrical transformer addition 2.64 metres (8.6 feet) by 4.26 metres (14.0 feet) along the Maple Street frontage to within 0.152 metres (6 inches) of the street line according to Zoning By-law 4830. The application was approved by the Committee. The property was rezoned into By-law 85-1 in 1987 and accordingly, this setback is now considered as legal non-conforming. The applicant has filed this application to legalize this setback under By-law 85-1. As the setback is already legal, this application would not be required. However, as the variance is existing the Department has no concerns. COMMITTEE OF ADJUSTMENT 341 The Department of Business and Planning Services recommends that Submission A 96/98 be approved. The Committee noted the comments of the Transportation Division, Region of Waterloo, in which they advised that they have no concerns with this application. The Committee noted the comments of the Director of Building in which he advised that he had no concerns or comments with respect to this application. 3. Submission No. A 96/98 - Golden Windows Limited, cont'd Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of Golden Windows Limited requesting legalization of an existing industrial building having a setback from Maple Street of 0.13 m (0.4 ft.) rather than the required 6 m (19.69 ft.) on Lot 6 and Part Lots 4 & 5, Subdivision of Lot 58, German Company Tract and Lots 1-6, Registered Plan 174, 888 Guelph Street, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. 3. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried 4. Submission No. A 97/98 - Brad Klawitter & Una Graham-Klawitter, 31 Pipers Green Court, Kitchener, Ontario Lot 96, Registered Plan 1648, 31 Pipers Green Court, Kitchener, Ontario. Re: APPEARANCES: IN SUPPORT: Mr. B. Klawitter 31 Pipers Green Court Kitchener, Ontario CONTRA: NONE WRITTENSUBMISSIONS: INSUPPORT: NONE CONTRA: NONE The Committee was advised that the applicant is requesting legalization of an existing shed, attached to the southerly side of the house, having a sideyard of 0.16 m (0.5 ft.) rather than the required 1.2 m (4 ft.). The Committee noted the comments of the Department of Business & Planning Services in which they advised that the applicants are requesting legalization of an existing shed, attached to the southerly side of the house, having a side yard of 0.16 m (0.5 ft) rather than the required 1.2 m (4 ft). COMMITTEE OF ADJUSTMENT 342 Staff note that this variance has been submitted due to a technicality. The applicants have bolted the shed to the existing house, which in effect makes the shed an addition to the house and requires a 1.2 m (4 ft) side yard setback. 2 The shed in question is 1.75 m (5.75 ft) wide and 4.26 m (14 ft) long with a gross floor area of 7.5 m (80.5 ft2). A detached shed of this size does not require a building permit nor any setback from the side property line. The applicants advise that to unbolt the shed from the house would be difficult and would not change the outside appearance of the shed. Except for the shed having bolts lagged into the dwelling, everything else is in compliance with the City's Zoning By-law. It is the opinion of staff that this variance is minor in nature. Maintaining a 0.16 m (0.5 ft) setback for outside maintenance of the shed is adequate, and the location of the shed will have not have a negative impact on the neighbouring property. The existing shed is a proper and desirable use of the property and maintains the general intent and purpose of both the City's Official Plan and Zoning By-law. 4. Submission No. A 97/98 - Brad Klawitter & Una Graham-Klawitter, cont'd The Department of Business and Planning Services recommends approval of application A 97/98 without conditions. The Committee noted the comments of the Traffic Division, Region of Waterloo, in which they advised that they have no concern with this application. The Committee noted the comments of the Director of Building in which he advised that the existing attached shed should conform with the following: footing/foundations are provided to the depth of undisturbed soil; no openings in a wall located less that 1.2 m to the property line; a wall less that 1.2 m to the property line must have a forty-five minute fire rating and noncombustible cladding; and roof drainage should not be directed onto adjacent property. The Chairman referred to the comments of the Director of Building and questioned how this matter came before the Committee. Mr. Klawitter explained the situation that brought the application here and he explained about the construction of the shed. The Committee then reviewed possible compliance with the building requirements. Moved by Mr. P. Kruse Seconded by Ms. S. Campbell That the application of Brad Klawitter & Una Graham-Klawitter requesting legalization of an existing shed, attached to the southerly side of the existing house, having a 0.16 m (0.5 ft.) sideyard rather than the required 1.2 m (4 ft.) on Lot 96, Registered Plan 1648, 31 Pipers Green Court, Kitchener, Ontario BE APPROVED. It is the opinion of this Committee that: 1. The variance requested in this application is minor in nature. 2. This application is desirable for the appropriate development of the property. The general intent and purpose of the City of Kitchener Zoning By-law and Official Plan are being maintained on the subject property. Carried Submission No. A 98/98 - Harold Prell, 49 Bingeman Street, Kitchener, Ontario Re: Part Lots 29 & 30, Registered Plan 414, 49 Bingeman Street, Kitchener, Ontario. The Committee was in receipt of a request from the applicant's agent to defer consideration of this COMMITTEE OF ADJUSTMENT 343 application to the meeting to be held on November 17, 1998 and the Committee agreed to this request. CONSENTS UNFINISHED BUSINESS 1. Submission No.'s B 60/98 - B 65/98 - 1058788 Inc., 21 Second Avenue, Kitchener, Ontario Re: Block H, Registered Plan 1246, 170 Kingswood Drive, Kitchener, Ontario. As no one appeared in support of these applications the Committee agreed to defer consideration of these matters to the meeting scheduled for November 17, 1998. APPLICATIONS Submission No. B 78/98 - Henry Gehrs, 474 Ottawa Street South, Kitchener, Ontario Re:Re: Part Lot 37, Plan 791,474 Ottawa Street South, Kitchener, Ontario. APPEARANCES: IN SUPPORT: Mr. & Mrs. D. Lazar 37 Donley Street Kitchener, Ontario CONTRA: NONE WRITTEN SUBMISSIONS: IN SUPPORT: NONE CONTRA: NONE OTHER: Mr. H. Gehrs, Junior 59 Ripley Crescent Kitchener, Ontario The Committee was advised that the applicant is requesting permission to convey a parcel of land, at the rear of this property, having an area of 187.94 m2 (2,023 sq. ft.) as a lot addition to 37 Donley Street. The Committee considered the written submission of Mr. H. Gehrs, 59 Ripley Crescent, Kitchener, son of the applicant, in which he pointed out that the actual square footage of the land to be severed is 1,916 sq. ft. and not 2,023 sq. ft. as stated in the application and the Committee agreed to amend the application accordingly. The Committee noted the comments of the Department of Business & Planning Services in which they advised that the subject application proposes to convey a 2023 square metre parcel from the rear of the property at 474 Ottawa Street South, to be added as a lot addition to 37 Donley Street. The property at 37 Donley Street was recently created and developed with a single dwelling having a rear yard as small as 8.2 feet at the most shallow point, approved through minor variance application A-65/96. Completion of this severance will allow the expansion of the Donley Street lot, increasing the rear yard by between 28 and 49 feet. Accordingly, the severance is desirable for the Donley Street property, allowing a more usable rear yard, and continuing to leave the retained parcel at 474 Ottawa Street with a large COMMITTEE OF ADJUSTMENT 344 rear yard and in full compliance with the zoning by-law. As such, the Department of Business and Planning Services supports the application. That Consent Application B-78/98 be approved subject to the following condition: That the lands to be severed be added to the abutting lands and title be taken in identical ownership as the abutting lands. Any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, 1995. The Committee noted the comments of the Department of Planning & Culture, Region of Waterloo, in which they advised that they have no concerns with this application. The Committee noted the comments of the Director of Building in which he advised that he had no concerns with this application. Moved by Mr. P. Kruse Seconded by Ms. S. Campbell 1. Submission No. B 78/98 - Henry Gehrs, cont'd That the application of Henry Gehrs requesting permission to convey a parcel of land having an area of 178 m2 (1,916 sq. ft.) as a lot addition to 37 Donley Street on Part Lot 37, Registered Plan 791, 474 Ottawa Street South, Kitchener, Ontario BE GRANTED subject to the following condition. That the lands to be severed in this application shall be added to the abutting lands at 37 Donley Street and title shall be taken in identical ownership as the abutting lands. Sub-section 50 (3) and/or (5) of the Planning Act applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of this Consent. Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above-noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse 2 years from the date of approval, being October 27, 2000. It is the opinion of this Committee that: 1. A plan of Subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. The use of the land in this application conforms to the City of Kitchener Official Plan and the Regional Official Policies Plan. Carried Submission No. B 79/98 - William & Verna Doucet, 70 Catherine Street, New Hamburq, Ontario Re: Part Lots 14 & 15, Registered Plan 577, 19-19A Horning Drive, Kitchener, Ontario. The Committee was in receipt of a request from the applicants to defer consideration of this application to the meeting to be held on November 17, 1998, in order to allow them to make an Application for Minor Variance for the same parcel of land. The Committee agreed to this request. ADJOURNMENT On Motion, the meeting adjourned at 10:40 p.m. COMMITTEE OF ADJUSTMENT 345 Dated at the City of Kitchener this 27th day of October, 1998. D. H. Gilchrist Secretary-Treasurer Committee of Adjustment